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United States v. Magana

United States District Court, Ninth Circuit

September 3, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
LUIS MAGANA, and JUVENAL JUNEZ, and ERIK MORENO Defendants.

TIM F. TUITAVUKI SBN212886, LAW OFFICE OF TIM F. TUITAVUKI, STOCKTON, CA.MARYANN BIRD, Attorney for Juvenal Junez.

MICHAEL PETRIK, Attorney for Erik Moreno.

STIPULATION AND ORDER TO EXCLUDE TIME

LAWRENCE K. KARLTON, District Judge.

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and the defendants, by and through their counsels of record, hereby stipulate as follows:

1. The parties are set to appear on September 4, 2013 at 9:15 a.m. for status. By this stipulation, the defendants now move to continue the status conference until October 22, 2013, and to exclude time between September 4, 2013 to October 22, 2013. Based on the amount of discovery so far provided, counsel for defendants need additional time to properly prepare a defense. Counsel for the defendants believe that failure to grant the above requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence and the Government does not object to the continuance.

2. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act.

3. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of September 4, 2013 to October 22, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv), Local Code T4, because it results from a continuance granted by the Court at defendants' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

IT IS SO STIPULATED.

IT IS SO ORDERED.


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